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(영문) 서울중앙지방법원 2015.06.05 2013가합92458
손해배상(기) 등
Text

1. The Defendant’s KRW 325,731,910 among the Plaintiff and KRW 101,00,000 among the Plaintiff, respectively, shall be KRW 224,731,910 from January 7, 2014.

Reasons

1. Circumstances leading to the dispute of this case;

A. The plaintiff is an autonomous management organization organized by the occupants to manage the 518 households (281 households, 237 households) Dong-dong 8 Gangseo-gu Seoul Metropolitan Government apartment complex A (hereinafter referred to as the "house of this case"), and the defendant is a person who constructed and sold the apartment of this case.

B. The apartment of this case, when the approval of use was obtained on September 21, 2007, the construction of the apartment of this case was newly constructed by the construction company, but the construction of the apartment of this case did not construct the part to be constructed in accordance with the design drawing, or changed the part to be constructed differently from the design drawing, thereby causing defects such as rupture, water leakage, water leakage, and water leakage, etc. to the apartment of this case. Accordingly, the apartment of this case caused trouble in function, aesthetic view, or safety.

Therefore, although the plaintiff requested the repair of defects to the defendant several times at the request of the tenant or sectional owner, some repair works have been performed, there still remain defects in the part of sharing the apartment of this case and the part of exclusive ownership.

C. Assignment of claims No. 1 Plaintiff

3. As indicated in the current status of the assignment of claims and the column for the same subparagraph of the table of aggregate of defects in section for exclusive use by household unit, the Plaintiff acquired the damage claim in lieu of the defect repair of the apartment in this case from the sectional owners of 237 households among the sectional owners of the 219 household units, and notified the Defendant of the fact of the assignment of claims

(2) The ratio calculated by dividing the total section of exclusive ownership of the household that transferred the claim to the Plaintiff by the total section of exclusive ownership of the entire apartment unit of this case is 92% (i.e., the total area of exclusive ownership of the household that transferred the claim ± the total area of exclusive ownership of the household that transferred the claim ± the total area of exclusive ownership of the household that is 18,59.09 square meters in total.

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